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Memo to Board of Adjustments/V 98-6 <br /> July 28, 1998 <br /> Page 3 <br /> • 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property. The property is a nonconforming use in the Rib <br /> zone and that the business has grown to incorporate all the existing <br /> detached structures. The structure involved, the house, does not have a <br /> garage attached or detached for residential purposes which is not <br /> characteristic of homes in the same area. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the petitioner of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance. Other residential properties have <br /> attached or detached garages for residential uses which is more or less a <br /> right in the provisions of the Elk River Zoning Ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction because the site was a grandfathered <br /> nonconforming use prior to the applicant's purchase of the lot and the <br /> existing detached structures on the site were used for business purposes. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood because the lot <br /> • is large with ample space for the garage with ample distance to the <br /> nearest neighbor. Furthermore, the garage is a tuck-under style and will <br /> visually be incorporated into the foot print of the house <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a <br /> variance from the maximum accessory structure area in the Rlb zone. <br /> based on the following findings: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR <br /> APPLICABLE TO,OTHER LANDS OR STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> s:\planning\stevewen\pcmmo\v98-7.doc <br />